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BOLIVARIAN REPUBLIC OF VENEZUELA

LEGISLATIVE COUNCIL OF THE LARA STATE

LARA STATE CONSTITUTION

December 2002
CONSTITUTION
OF THE
LARA STATE
STATEMENT OF MOTIVES

The Legislative Council of the State of Lara, in use of the powers conferred upon it
by article 162 of the Constitution of the Bolivarian Republic of Venezuela, submits for
approval the Draft Constitution of the State of Lara, for the preparation of which it has taken
into consideration the different changes it is experiencing. the Venezuelan State.

The entry into force of the newest Magna Carta forces a change of paradigms and
the incorporation of Citizen Participation at all levels, granting society the right to intervene
and control the different political, economic and social processes experienced by the Lara
State. guaranteeing the decentralization of power, prosperity, cooperation, solidarity and
well-being of the people, exalting the fundamental principles such as Education, Culture,
Sports, Family Values, Health, Security and Territorial Integrity, which have been
developed throughout the constitutional text Larense, in order to be in line with the
guidelines or directives established in the Constitution of the Bolivarian Republic of
Venezuela.

For all of the above, the Legislative Council proposes the following draft
Constitution of the State of Lara for discussion in a plenary session.

PREAMBLE

The State Legislative Council, representing the people of Larense and in use of the
powers conferred upon it by the Constitution of the Bolivarian Republic of Venezuela and
invoking the protection of God, the example and thoughts inherited from our Liberator
Simón Bolívar, and the heroes of the emancipation like General Juan Jacinto Lara,
eponymous hero of this State with the aim of reaffirming its autonomy, respecting and
exalting national and indigenous culture, social justice, the values of freedom, peace,
solidarity, the common good, integrity of the territory, the organization of its institutions, the
protection of the right to life, collective well-being, social security and the primacy of work
and equality without discrimination or subordination, citizen participation in transcendental
decisions that guarantee the rights and constitutional and universal duties of man, promote
and contribute to the development processes of Larense society, the transfer of powers,
decentralization, promote peaceful cooperation between the regions and especially the
Central-Western region and promote and consolidate the integration of the State and
therefore, affirm and maintain the democratic, participatory and protagonist order, the
moral, historical, cultural heritage, environmental conservation and ecological balance,
coexistence and the rule of law so that these and future generations can live in perfect
harmony between nature, society and man.
TITLE I
FUNDAMENTAL PRINCIPLES

Article 1.- The Lara State, based on the Decentralized Federal Principle, established in the
Constitution of the Bolivarian Republic of Venezuela and as an integral and indissoluble
part of the Republic, organizes public powers through citizen participation and adopts for its
government the Republican, Democratic, Participatory, Protagonist, Representative,
Decentralized, Alternative, Responsible, Pluralistic and revocable mandates form.

Article 2.- The State of Lara is constituted as a Federal Entity, an autonomous political
entity with legal personality and its own assets, decentralized, democratic and social of law
and justice, which advocates as superior values of the legal system and its actions, life,
freedom, justice, equality, solidarity, democracy, social responsibility and in general, the
preeminence of human rights, ethics and political pluralism.

Article 3.- The essential purposes of the Lara State are to promote its integral development,
that of the Republic, and that of the Municipalities and Parishes under its jurisdiction; will
attend to the neighborhood initiative in order to promote decentralization; It will protect the
dignity of the human person, guide the economy at the service of man and contribute to the
strengthening of democracy, guaranteeing compliance with the principles, duties and rights
enshrined in this Constitution and that of the Bolivarian Republic of Venezuela.

Article 4.- The State of Lara will promote the comprehensive development of its inhabitants
and will ensure that the rights to work, education, health, security, sports, culture and
recreation and all those rights that are related to them are respected and guaranteed. benefit
of the Larense collective, in accordance with the Constitution of the Bolivarian Republic of
Venezuela, this Constitution and the other laws that are issued in this regard.

Article 5.- The State, society and the family are jointly responsible for guaranteeing to all
children and adolescents who live in our State the comprehensive protection necessary to
ensure the full exercise and enjoyment of their rights, guarantees and duties in accordance
with the Constitution of the Bolivarian Republic of Venezuela, this Constitution and the
other laws that govern the matter.

Article 6.- The Lara State, society and the family will ensure that the rights and guarantees
of the elderly are guaranteed, and will also ensure the rights and guarantees of any person
with special needs or disabilities in accordance with the Constitution of the Republic.
Bolivarian of Venezuela, this Constitution and the other laws that govern the matter.

Article 7.- The Lara State will protect, promote, foster and disseminate the traditions and
expressions that are related to the identity of the different social and ethnic groups of the
State, as cultural heritage of the Nation and humanity.

Article 8.- Cultural practices in health, education, agriculture, economy, social organization,
ecology, political participation and access to representative bodies are inalienable rights of
indigenous peoples and communities, the Constitution of the Bolivarian Republic of
Venezuela and This Constitution will guarantee its application and compliance.
Article 9.- In the territory of the Lara State, respect and compliance with the rights, duties
and guarantees of the indigenous peoples or communities or their descendants will be
protected and ensured, in accordance with the Constitution of the Bolivarian Republic of
Venezuela, this Constitution and the law issued in this regard.

Article 10.- The Lara State will promote and provide special protection to crafts, agriculture,
livestock and tourism activities, as well as to the popular, cultural and typical industries of
the State, which contribute to the strengthening and preservation of our cultural heritage,
guaranteeing the right to industrial and artisanal production and the defense of the peasantry,
in order to preserve its authenticity; creating more expeditious mechanisms for obtaining
credits, in order to promote their economic development, production and marketing both
inside and outside the State.

Article 11.- All citizens of the Lara State will enjoy the guarantees and rights granted by the
Constitution of the Bolivarian Republic of Venezuela and this Constitution. The State,
through the organs of Public Power, will ensure compliance with their rights and respect for
their guarantees.

Article 12.- The State of Lara will promote, ensure and encourage the free participation of
citizens in public affairs, either directly or through their elected representatives.
The participation of the people in the planning, training, execution and control of public
management is the necessary means to achieve the role that guarantees their complete
development, both individually and collectively. It is the obligation of the Lara State and the
duty of society to facilitate the generation of the most favorable conditions for its practice.

Article 13.- The following are means of participation and protagonism of the Larense people
in the exercise of their sovereignty, politically: the election of public offices, the
referendum, the popular consultation, the revocation of the mandate, the legislative,
constitutional and constituent initiative, the open town hall and the citizens' assembly whose
decisions will be binding, among others; and in the social and economic sphere, citizen
service bodies, self-management, co-management, cooperatives in all their forms, including
financial ones, savings banks, community enterprises, micro-enterprises and other
associative forms guided by the values of mutual cooperation and solidarity.

Article 14.- The Citizen Participation Law of the Lara State will establish the conditions for
the effective functioning of the means and participation mechanisms provided for in the
Constitution of the Bolivarian Republic of Venezuela and in this Constitution.

Article 15.- All citizens of the Lara State are obliged to respect and comply with the
precepts established in the Constitution of the Bolivarian Republic of Venezuela, this
Constitution and the laws in force, likewise the legitimately constituted authorities are
obliged to respect the rights and guarantees of citizens.

Article 16.- In addition to the symbols of the Homeland determined by article 8 of the
Constitution of the Bolivarian Republic of Venezuela, the symbols of the Lara State are:
1. The weapon shield.
2. The State Anthem.
3. Flag.
The law will regulate its characteristics, meanings, and uses.

Article 17.- The Lara State exercises all the power not conferred by the Constitution of the
Bolivarian Republic of Venezuela to the national and municipal jurisdiction, without
prejudice to the jurisdiction that, due to the matter, must correspond to the National Public
Power.

TITLE II
OF GEOGRAPHICAL SPACE AND POLITICAL DIVISION

Article 18.- The territory of the Lara State is defined by the limits within which it exercises
its authority. The geographical space of the State of Lara is that assigned to it by legislative
agreement of March 29, 1832, with the modifications that have occurred as a consequence
of legally valid acts, celebrated by the State, or in accordance with decisions issued by the
jurisdictional bodies. competent.

Article 19.- The City of Barquisimeto, former Nueva Segovia de Barquisimeto, is the capital
of the Lara State and the permanent seat of the State Public Power bodies.
The provisions of this article do not prevent the temporary or symbolic exercise of the State
Public Power to other places in the State, at the request of the Governor of the State to the
State Legislative Council or at its initiative, in both cases, with the approval of the two thirds
(2/3) of the members of the Legislative Council.

Article 20.- The Political-Administrative division of the Lara State includes the
Municipalities of Iribarren, Palavecino, Torres, Crespo, Morán, Andrés Eloy Blanco,
Urdaneta, Jiménez and Simón Planas, with their respective Parishes. The limits of the
Municipalities will be those indicated in the Law of Political Territorial Demarcation of the
State of Lara.

Article 21.- The Legislative Branch of the State of Lara may create new Municipalities and
merge existing ones, whenever necessary, and may create other forms of association or
promote the commonwealth, in accordance with the procedures and requirements
established in the Constitution of the Bolivarian Republic. of Venezuela, this Constitution
and the Organic Law of Municipal Regime.

Article 22.- The territory and geographical space of the Lara State may not be transferred,
transferred, leased, or in any way alienated, even temporarily or partially, to foreign states or
other subjects of international law. Matters relating to the diplomatic headquarters that exist
in the entity will be governed in accordance with the Constitution of the Bolivarian Republic
of Venezuela and the law.
TITLE III
PUBLIC POWER

Chapter I
Fundamental Provisions

Article 23.- The Public Power of the Lara State is distributed between the Municipal Power
and the State Power. The State Public Power is divided for its exercise into Legislative and
Executive. In the State, the bodies of the National Public Power have seat and
representation: Legislative, Executive, Citizen, Judicial and Electoral, which will collaborate
and cooperate with the State, for the fulfillment of the public purposes indicated in the
Constitution of the Bolivarian Republic of Venezuela, this Constitution and laws.

Article 24.- The Constitution of the Bolivarian Republic of Venezuela, this Constitution and
the laws of the State of Lara, will determine the powers of the organs of the Public Power of
the State and their exercise must be subject to them.

Article 25.- The exercise of State Public Power entails individual responsibility for abuse or
deviation of power or for violation of the Constitution of the Bolivarian Republic of
Venezuela, this Constitution and the laws.

Chapter II
Of Administration and Public Function

Article 26.- The Public Administration of the State is at the service of citizens and is based
on the principles of honesty, participation, speed, effectiveness, efficiency, transparency,
accountability and responsibility in the exercise of public function, with full submission to
the law.

Article 27.- Public officials are at the service of the State and not of partialities. Their
appointment and removal may not be subject to political affiliation or orientation. Whoever
is at the service of the State, the Municipalities, the Parishes and other legal entities of
public or private state law, may not enter into any contract with them, neither on their own,
nor through an intermediary person, nor on behalf of another, except in the exceptions
established by law.

Article 28.- The positions of public administration bodies are career positions. The
employees will enjoy stability in their positions in accordance with the principles of the
Constitution of the Bolivarian Republic of Venezuela and the corresponding laws.
Exceptions are those of popular election, those of free appointment and removal, those
hired, men and women workers at the service of the state public administration and others
determined by law.
The entry of public officials to career positions will be through public competition, based on
principles of honesty, suitability and efficiency. The promotion will be subject to evaluation
methods based on the merit system and the transfer, suspension and retirement will be in
accordance with their performance.

Article 29.- The State will be financially liable for damages suffered by individuals in any of
their property and rights, provided that the injury is attributable to the functioning and
activity of the state public administration.

Article 30.- Citizens have the right to be informed in a timely manner by the state public
administration about the actions in which they are interested and to know the resolutions
adopted on the matter, without more restrictions than those established in the Constitution.
of the Bolivarian Republic of Venezuela and other laws.

Article 31.- Public officials of the Lara State are responsible for excess of functions, abuse
of power and disrespect for human dignity, violation of this Constitution, the law or
contrariety to the right. Any usurped authority is ineffective and its acts are absolutely null
and void.

Article 32.- No state or municipal official may assume duties without having taken the legal
oath.
No one may hold more than one paid public position at a time, unless they are academic,
incidental, teaching or assistance positions determined by law. The acceptance of a second
destination that is not one of those excepted above implies the resignation of the first, except
in the case of substitutes, as long as they do not definitively replace the main one. No one
may enjoy more of a retirement or pension except in cases expressly determined by law.

Article 33.- The State will create and promote by law, public or mixed institutes and
companies, in a self-managed and co-managed manner with the public or private sector,
municipal, national and international organizations, when the demands of the provision of
services, comparative advantages and State development require it. These entities are
subject to the regulation, supervision and control mechanisms established in the Constitution
of the Bolivarian Republic of Venezuela, this Constitution and the applicable laws.

Article 34.- Any act dictated in the exercise of Public Power that violates or undermines the
rights guaranteed by the Constitution of the Bolivarian Republic of Venezuela, this
Constitution and the law, is absolutely null and void and the public official who orders or
executes it , incurs criminal, civil, administrative and disciplinary responsibility, as the case
may be, without superior orders serving as an excuse.

Chapter III
Of the State Public Power

Article 35.- It is the responsibility of the State, those matters classified as concurrent, which
will be regulated by development laws sanctioned and promulgated by the State, based on
the basic laws dictated by the National Power. Residual jurisdiction is everything that does
not correspond, in accordance with the Constitution of the Bolivarian Republic of
Venezuela, to national or municipal jurisdiction.
Article 36.- The Lara State is an autonomous entity, with full legal personality, obliged to
maintain independence, sovereignty and national integrity and to comply with and enforce
the Constitution and the laws of the Republic.

Article 37.- The State will decentralize and transfer to the Municipalities the services and
powers that they manage and that they are able to provide, as well as the administration of
the respective resources within the areas of concurrent powers between both levels of Public
Power. The transfer mechanisms will be regulated by the state legal system.

Chapter IV
State Powers

Article 38.- It is the exclusive jurisdiction of the State:


1. Dictate its Constitution to organize the Public Powers, in accordance with the
Constitution of the Bolivarian Republic of Venezuela and the laws.
2. Reform and amend its Constitution in accordance with the provisions contained
therein.
3. Legislate on matters of state jurisdiction and those that do not correspond, in
accordance with the Constitution of the Bolivarian Republic of Venezuela, to
National or Municipal jurisdiction.
4. The organization of its Municipalities and other local entities.
5. The territorial political division of its geographical space.
6. The administration of its assets and the investment and administration of its
resources, including those coming from transfers, subsidies or special assignments
from the National Power, as well as those assigned as participation in national taxes.
7. The organization, collection, control and administration of its own tax branches, as
assigned by the respective laws.
8. The creation, organization, collection, control and administration of stamped paper,
stamps and stamps.
9. The organization of the police, in accordance with the applicable state legislation
and in accordance with national legislation.
10. The regime and use of non-metallic minerals not reserved to the National Power and
the administration of vacant lands in its jurisdiction in accordance with the law.
11. The execution, conservation, administration and use of state land roads.
12. The creation, regime and organization of state public services.
13. The conservation and administration of roads and highways, as well as public
airports, in coordination with the National Executive.
14. The collection, organization, control and administration of taxes not reserved for the
National or Municipal Power.
15. All those determined by the Constitution of the Bolivarian Republic of Venezuela,
this Constitution and the laws.

Chapter V
From the Planning and Coordination Council
of Public Policies

Article 39.- The Council for Planning and Coordination of Public Policies will be chaired by
the Governor and will be made up of the Mayors, the State Directors of the ministries, the
representation of the Deputies elected by the State. the National Assembly, the Legislative
Council, the Councilors and the organized communities, including the indigenous ones. It
will operate and be organized in accordance with what is determined by the law and its
regulations.

Chapter VI
Of State Public Revenues

Article 40.- The following are income from the Lara State:
1. Those coming from your assets and the administration of your assets.
2. The rates for the use of its goods and services, fines and sanctions and those
attributed to it by the National Power.
3. The product of the proceeds from sales of tax species.
4. The resources that correspond to it by concept of constitutional situation in
accordance with the Constitution of the Bolivarian Republic of Venezuela and
national laws.

The Lara State will allocate a minimum of fifty percent (50%) of the amount
corresponding to each location to the investment.
5. The taxes, fees and special contributions that are assigned by national law.
6. The resources that come from the Interterritorial Compensation Fund and those from
any other transfer, subsidy or special allocation, and the funds assigned by the
National Power as participation in national taxes, in accordance with national law.
7. The others established in article 167 of the Constitution of the Bolivarian Republic
of Venezuela.

TITLE IV
OF THE ORGANIZATION OF PUBLIC POWER

Chapter I
Of the Legislative Branch

Article 41.- Legislative Power will be exercised in the State of Lara by the Legislative
Council made up of a number of no more than fifteen (15) nor less than seven (7) members
called Deputies, elected by universal, direct, personalized vote. and secret, who will
proportionally represent the population of the State and the Municipalities, in accordance
with the electoral law.
Each Deputy will have a substitute, chosen in the same electoral process.
Article 42.- The State will dictate laws for economic, educational, health, culture, sports and
any other matter subject to concurrent jurisdiction, regulated by basic laws dictated by the
National Power. This legislation will be guided by the principles of interdependence,
coordination, cooperation, co-responsibility and subsidiarity.

Article 43.- The national law and the internal regulations will establish the organization and
operation regime of the Legislative Council of the State of Lara.

Chapter II
Of the Powers of the Legislative Council

Article 44.- The following are the powers of the Legislative Council:
1. Ensure compliance with the Constitution of the Bolivarian Republic of Venezuela,
this Constitution, national and state laws, and respect for human rights and citizen
guarantees.
2. Legislate on matters of State jurisdiction.

3. Enact the State Budget Law.


4. Propose amendments and reforms to the State Constitution.
5. Exercise control functions over the government and state public administration in
the terms established in the Constitution of the Bolivarian Republic of Venezuela,
the State Constitution and the laws.
6. Create, organize and promote the means and mechanisms for citizen participation in
matters within its jurisdiction.
7. Authorize additional credits to the budget.
8. Approve the general lines of the State's economic and social development plan,
which will be presented by the State Executive during the third quarter of the first
year of each constitutional period.
9. Authorize the State Executive to transfer real estate from the private domain of the
State, with the exceptions established by law.
10. Approve and disapprove the contracts proposed by the State Executive in
accordance with the law.
11. Authorize the State Executive to make loans on State credits and legislate on public
credit operations.
12. Authorize the removal or dismissal of the State Attorney General.
13. Qualify its members and learn of their resignation. The request for temporary
separation of a Representative may only be agreed upon by the vote of two thirds
(2/3) of the Representatives present.
14. Decide on the immunity of the Deputies that comprise it.
15. Agree and approve your spending budget.
16. Appoint and remove the Comptroller General of the State in accordance with the
law.
17. Receive for evaluation the Governor's annual report on his management during the
immediately preceding year. For these purposes, the Legislative Council will
establish, within thirty (30) days following its annual installation, the session in
which the citizen Governor will present said report.
18. Authorize the Governor of the State to leave the country, when the period is greater
than five (5) consecutive days.
19. Dictate its organization and operating regulations.
20. The others attributed to it by the Constitution of the Bolivarian Republic of
Venezuela, this Constitution and the laws.

Article 45.- The State Legislative Council may request the removal, dismissal or retirement
of the Secretary General of the Government, the Sectoral General Directors and other public
officials of similar hierarchy, who with abuse of authority, negligence and imprudence in the
exercise of their functions violate or undermine constitutional rights or cause property
damage to the administration or individuals. The dismissal, removal or retirement will be
mandatory for the Governor, when approved by the favorable vote of two thirds (2/3) of the
Deputies present.
Article 46.- The State Legislative Council may request the dismissal or retirement of career
officials, after compliance with the disciplinary procedure of law, when due to abuse of
authority, negligence and recklessness in the exercise of their functions they violate or
undermine the rights constitutional or cause property damage to the administration or
individuals.

Article 47.- The Legislative Council may promote, when approved by two thirds (2/3) of the
Deputies present, the call for the referendum to revoke the mandate for those state,
municipal and parish elected officials who They are proven to have committed property
damage against the State, administrative irregularities, non-compliance with the goals
stipulated in the State's operational plan and the obligation to present public accounts, all in
accordance with the provisions of the Constitution of the Bolivarian Republic of Venezuela.
and the respective law.

Article 48.- The Legislative Council may request the jurisdictional bodies and the Public
Prosecutor's Office to carry out the corresponding criminal investigation of public officials
who, due to their duties, commit allegedly criminal acts against the State.

Chapter III
Of the Deputies
of the Legislative Council

Article 49.- The following are requirements to be elected Deputies to the Legislative
Council:
1. Be Venezuelan by birth, or by naturalization with fifteen (15) years of residence in
Venezuelan territory.
2. Be over twenty-one (21) years of age.
3. Have resided four (4) consecutive years in the State before the election date.
4. Not be subject to the prohibitions established in the Constitution of the Bolivarian
Republic of Venezuela, for the Deputies to the National Assembly.
Article 50.- The Deputies to the Legislative Council will be elected for a period of four (4)
years, and may be re-elected for two (2) more periods.

Article 51.- The position of Deputies to the Legislative Council constitutes a public service
activity and requires exclusive dedication due to the importance of representing the people.
The Deputies are not subject to mandates or instructions, but only to their conscience. They
must report annually on their management to the voters of the constituency for which they
were elected and will be subject to the referendum to revoke their mandate in the terms
provided for in the Constitution of the Bolivarian Republic of Venezuela, this Constitution
and the other laws. .

Article 52.- The Deputies of the Legislative Council may not accept or hold public positions
without losing their investiture, except in teaching, academic, incidental, or welfare
activities, as long as they do not involve exclusive dedication.

Article 53.- The Deputies to the Legislative Council are not responsible for votes and
opinions issued in the exercise of their functions. They will only respond to the voters and
the Legislative Body, in accordance with this Constitution and the regulations.

Article 54.- The Deputy to the Legislative Council whose mandate is revoked will not be
able to run for popularly elected positions in the following period.

Article 55.- The Deputies will enjoy immunity in the jurisdiction of the State of Lara, from
their proclamation until the completion of their mandate or the resignation thereof. In the
case of alleged crimes committed by the members of the Legislative Council, it will be
regulated in accordance with the provisions of the Constitution of the Bolivarian Republic of
Venezuela and the Organic Law of the Legislative Councils of the States.
Officials who violate the immunity of Deputies will incur criminal liability and will be
punished in accordance with the law.

Chapter IV
From the Formation of Laws

Article 56.- The law is the legislative act of general effects sanctioned by the Legislative
Council as a legislative body.

Article 57.- Organic laws are those determined by this Constitution; those that are issued to
organize public powers and those that serve as a regulatory framework for other laws.

Article 58.- The initiative of the laws corresponds to:


1. To the Deputies of the Legislative Council, in number not less than two (2).
2. To the Delegate Commission or the Permanent Technical Commissions.
3. To the Governor of the State.
4. To the Municipal Councils when it comes to laws relating to the Municipalities.
5. To a number of no less than one per thousand (0.1%) of the voters residing in the
territory of the State, who meet the requirements established in the respective
Electoral Law.

Article 59.- The discussion of bills presented by citizens in accordance with the provisions
of the previous article will begin no later than the period of ordinary sessions following the
one in which it was presented. If the debate does not begin within said period, the project
will be submitted to an approval referendum in accordance with the law.

Article 60.- To become law, every project will receive two discussions on different days,
following the rules established in the Constitution of the Bolivarian Republic of Venezuela,
this Constitution, the law and the regulations. Once the project is approved, the President of
the State Legislative Council will declare the law sanctioned.

Article 61.- The Legislative Council of the State of Lara must submit every bill to the
consideration of citizens with the purpose of promoting the leading participation of society
in the process of law formation.

Article 62.- What is not established in this Constitution with regard to the formation of laws,
will be governed by the Constitution of the Bolivarian Republic of Venezuela, the Organic
Law of the Legislative Councils of the States and the Internal and Debating Regulations. of
the Legislative Council of the Lara State.

Chapter V
Of the Referendum and Repeal of Laws

Article 63.- The bills under discussion by the Legislative Council will be submitted to a
referendum, when it is decided by no less than two thirds (2/3) of its members present at the
session. The approval referendum will be valid, provided that no less than twenty-five
percent (25%) of the voters registered in the respective civil and electoral registry have
attended. The corresponding project will be sanctioned as law.

Article 64.- State laws whose repeal is requested on the initiative of a number of not less
than ten percent (10%) will be subject to a referendum to be totally or partially repealed,
with the exceptions established in the Constitution of the Bolivarian Republic of
Venezuela. ) of the voters registered in the respective civil and electoral registry or by the
Governor. The abrogatory referendum will be valid if at least forty percent (40%) of the
voters registered in the civil and electoral registry of the respective territory have attended
the voting ceremony.

Article 65. - Matters of special importance, parish, municipal, and state, may also be
submitted to a consultative referendum. The initiative corresponds to the Parish Council, the
Municipal Council and the Legislative Council, by agreement of two thirds (2/3) of its
members present; to the Mayor and the State Governor or at the request of a number of no
less than ten percent (10%) of the total registered in the corresponding district.

Article 66.- All popularly elected positions and magistrates are revocable. After half of the
period for which the official was elected, a number of no less than twenty percent (20%) of
the voters registered in the corresponding constituency may request the calling of a
referendum to revoke their mandate. .
When the same or greater number of voters who elected the official have voted in favor of
the recall, provided that a number of voters equal to or greater than twenty-five percent
(25%) of the registered voters have attended the referendum. and registered voters, their
mandate will be considered revoked and the absolute lack will be immediately covered in
accordance with the provisions of the Constitution of the Bolivarian Republic of Venezuela,
in this Constitution and in the law.
The revocation of the mandate for collegiate bodies will be carried out in accordance with
what is established by law.
During the period for which the official was elected, no more than one request may be made
to revoke his or her mandate.

Article 67.- After half of their term has elapsed, the revocation of the Governor's mandate
may be requested by referendum, by the favorable vote of two thirds (2/3) of the present
members of the Legislative Council.

Chapter VI
Of the Administrative Activity of the State

Article 68.- The State administration bodies can only act within the framework of the
jurisdiction assigned to them by law. Administrative acts must comply with the law that
regulates administrative procedures.

Article 69.- The administrative acts issued by the Governor of the State in the exercise of his
powers are called Decrees and those of the Secretary General of the Government and the
Directors of the Executive are called Resolutions.

Article 70.- Autonomous institutes may only be created by law. Such institutions, as well as
public interests in corporations or entities of any nature, will be subject to the control of the
State, in the manner established by law.

Article 71.- The State will establish the conditions for the creation of functionally
decentralized entities, for the performance of social or business activities, with the aim of
ensuring the reasonable economic and social productivity of the public resources invested in
them.

Article 72.- Contracts of state public interest will require the approval of the Legislative
Council in the cases determined by law.

In Contracts of public interest entered into by the State, special conditions and guarantees
will be required and the approval of the Comptroller General of the State will be required
with the due opinion of the Attorney General of the State, in accordance with the law.
Article 73.- The State may not enter into contracts of public interest with States or foreign
official entities or with companies not domiciled in Venezuela, nor transfers to them without
the approval of the National Assembly after hearing the opinion of the Legislative Council.

Chapter VII
Of the Executive Branch
From the Governor of the State

Article 74.- The Governor is the head of the State and the State Executive, in whose capacity
he directs the action of the Government.

Article 75.- To be Governor of the State it is required:


1. Being Venezuelan by birth.
2. Over 25 years old.
3. Of secular state.
4. Not be subject to a definitive criminal, civil or administrative sentence.
5. Be registered in the Permanent Electoral Registry of this State.
6. No less than five (5) years of residence in the State.

Article 76.- The Governor of the State of Lara will be elected by universal, direct and secret
vote in accordance with the law. The term of office is four (4) years; the candidate who has
obtained the majority of valid votes will be declared elected. The Governor may be re-
elected immediately and only once, for an additional period.

Article 77.- Whoever is elected to the position of Governor and proclaimed by the State
Electoral Board, will take possession of the position by oath before the Legislative Council
of the State of Lara, within the following twenty (20) days, the date of its installation. If for
any reason he cannot be sworn in before the Legislative Entity, he will do so before the
Rector Judge of the Judicial District of the State.

Article 78.- When the elected Governor does not take the oath of office within the term
provided for in the previous article, the outgoing Governor will resign his or her powers in
the Legislative Council, which will designate its President to holds the position
provisionally with the character of person in charge of the State Government, until the
Governor or whoever must fill his or her absolute absences proceeds to take the oath of
office as the case may be, in accordance with the provisions of the law.

Article 79.- The following will be absolute faults of the Governor of the State of Lara: his or
her death, his resignation or the dismissal decreed by a ruling of the Supreme Court of
Justice; their permanent physical or mental disability certified by a medical board designated
by the Supreme Court of Justice, in which case the approval of the Legislative Council of
the State of Lara will be required; abandonment of office for a period of fifteen (15)
continuous days without justified cause, declared as such by the Legislative Council; as well
as the popular revocation of his mandate.
When the Governor-elect of the State is completely absent, before taking office, a new
universal, direct and secret election will be held within the following thirty (30) consecutive
days. While the new Governor is elected and takes office, the President of the Legislative
Council will be in charge of the State Government.
If the absolute absence occurs during the first three years of the constitutional period, within
the thirty consecutive days following that in which it occurs or is declared, a new universal,
direct and secret election will be held. While the new Governor of the State is elected and
takes office, the President of the Legislative Council will be in charge of the Government.
In the previous cases, the new Governor will complete the corresponding constitutional
period. If the absolute absence occurs in the last year of the constitutional period, the
Secretary General of the Government will assume the Governorship until said period is
completed.

Article 80.- Temporary absences of the Governor of the State will be made up for by the
Secretary General of the Government in the capacity of Governor in charge, for up to ninety
(90) days with all the powers and prerogatives of the holder; extendable by decision of the
Legislative Council for ninety (90) more days. If the temporary absence extends for more
than ninety (90) consecutive days, the Legislative Council will decide by majority of its
members, if it should be considered that there is absolute absence of the Governor, in which
case it will proceed in accordance with this Constitution and the law.

Article 81.- The Governor is responsible for his or her actions and the obligations inherent to
his or her position.

Chapter VIII
Of the Powers and Obligations
From the Governor of the State

Article 82.- The Governor of the State will have the following powers and obligations:
1. Comply with and enforce the Constitution of the Bolivarian Republic of Venezuela,
the State Constitution, national and state laws.
2. Regulate state laws without altering the spirit, purpose and reason of the law.
3. Comply with and enforce the decisions of the National Power, the Legislative
Council and other bodies of the Public Power of the State.
4. Organize and preside over the Council for Planning and Coordination of Public
Policies, promoting the participation of civil society, and other members of the
council, as determined by this Constitution.
5. Actively participate in the Federal Government Council.
6. Present annually to the Legislative Council and the Council for Planning and
Coordination of Public Policies, within the first thirty (30) days of the first period of
ordinary sessions, the report of its political-administrative management of the
previous year.
7. Submit annually and publicly to the Comptroller General of the State, within the first
sixty (60) days of the year, the account containing its administrative management of
the previous year.
8. Present annually, before the Legislative Council, the State Budget Bill, within the
first ten (10) days following the presentation by the National Executive, of the
respective Budget Bill before the National Assembly. In any case, the budget of the
previous year will be considered redrawn, when the presentation of the State Budget
Bill is not made before the fifth (5th) of November of each year, without prejudice
to the administrative and political responsibilities to which that there was room.
9. Decree additional credits to the State Budget, prior compliance with the legal
requirements for approval by the Legislative Council.
10. Call the Legislative Council to extraordinary sessions.
11. Appear before the Legislative Council to report on issues related to state
administration at the request of the Legislative Council or on its own initiative.
12. Appoint and remove the Secretary General of the Government, the Directors of the
Office and other officials assigned to the State Executive.
13. Manage the State Public Treasury.
14. Promulgate and publish the laws, within ten (10) days following receipt of them
from the Legislative Council. Within this period, the Governor may request the
Legislative Council, through a reasoned statement, to modify some of the provisions
of the law or to lift the sanction to all of the law or part of it. The Legislative
Council will decide on what is proposed by the Governor, by the absolute majority
of its members and will forward the law so that it can be promulgated within the
following five (5) days. If the law is not promulgated in the indicated terms, the
President of the Legislative Council will proceed to its promulgation and order its
publication in the Official Gazette of the Lara State.
15. Publish all the Legislative and regulatory acts produced by the bodies and entities of
the State Public Power in the Official State Gazette.
16. Decree public works of the State, undertake their execution and monitor the good
investment of the resources allocated to them.
17. Remove or dismiss, with prior authorization from the Legislative Council, the State
Attorney General.
18. Contract the execution of public works of the State.
19. Promote the interests of the State, in terms of economics, basic education,
assistance, welfare and social security, technical training, protection of children and
old age, improvement of the quality of life of citizens, of communication routes,
industrialization, tourism, culture, sports and recreational activities, the development
of agricultural production and the preservation of the environment.
20. Create and provide, with the approval of the Legislative Council, the public services
that it deems necessary.
21. Exercise superior direction and inspection of the police, subject to national and state
laws.
22. Defend the autonomy of the State against any fact that compromises it, as well as its
geographical spaces, jurisdictions and rights.
23. Negotiate loans approved by the Legislative Council subject to the Public Credit
Law.
24. Dictate the measures that it believes are conducive to settling disputes that arise with
other States, except in matters of limits, which corresponds to the State Legislative
Council.
25. Be regularly informed of the needs of the State Municipalities and provide for their
satisfaction, according to their powers and the possibilities of the state treasury,
seeking equitable distribution of resources.
26. Celebrate contracts in general, without further formalities than those established by
law and contracts of state or national interest referred to in the Constitution of the
Bolivarian Republic of Venezuela, prior approval and consultation that it and this
Constitution establishes.
27. Provide what is necessary to enforce the civil, criminal, administrative and
disciplinary liability of public officials serving the State Executive.
28. Promote, protect and disseminate the moral, cultural and historical heritage of the
State and increase the values that constitute national identity.
29. Establish policies that contribute to promoting administrative decentralization.
30. Decree a state of alarm when disasters, emergencies or other similar events occur
that endanger the State and citizens.
31. Take care that the inhabitants of the State are not required to make any contributions
other than those determined by law.
32. Encourage crafts, goat breeding and other commercial species of the State as well as
traditional planting and crops.
33. The others that indicate the Constitution of the Bolivarian Republic of Venezuela,
this Constitution and the laws.
Chapter IX
From the Secretary General of the Government

Article 83.- The Secretary General of the Government is the immediate body of the
Governor of the State and his or her appointment and removal will be a free decision by the
Governor of the State.
The Secretary General of the Government exercises the functions delegated to him or her by
the Governor of the State and who will make up for his or her absences. All acts of the
Governor must be endorsed by the Secretary General of the Government, with the exception
of the decree of appointment or dismissal of the latter.
The Secretary General of the Government must comply with the powers and duties entrusted
to him or her by the Governor of the State and the others determined by the respective laws.

Article 84.- The Secretary General of the Government must meet the same requirements that
are required to be Governor of the State and may not have any relationship with the State,
nor with the Comptroller General of the State, nor with the Attorney General or Attorney of
the State, nor with the Directors of the Executive, nor with the President of the autonomous
institutes or other decentralized entities of the State, within the fourth degree of
consanguinity or second degree of affinity.

Chapter X
From the State Attorney General's Office

Article 85.- The State Attorney General's Office provides legal advice to the State Public
Power bodies and exercises judicial and extrajudicial defense and representation of the
rights, assets and patrimonial interests of the State.
The State Attorney General's Office enjoys organic, functional and administrative autonomy
as determined by this Constitution and the law.

Article 86.- The Attorney General's Office will be under the direction of the State Attorney
General. It will have the necessary personnel to carry out its functions, in accordance with
the law. The State Attorney is the legal representative of the State Public Power before the
competent jurisdictional bodies, without prejudice to the representation that the Governor or
the President of the Legislative Council may exercise, at his own motus, in relation to the
respective powers they represent.

Article 87.- To be a State Attorney General, the following are required:


1. Being Venezuelan or Venezuelan by birth.
2. Over 30 years old.

3. Be a Lawyer of the Republic of recognized good repute and suitability, with no less
than seven (7) years of professional experience in the practice.
4. At least five (5) years of uninterrupted residence in the State.
5. Be registered in the Bar Association.
6. Be in full exercise of your civil and political rights.
7. The others determined by law.
The exercise of the position of State Attorney will be exclusive dedication and incompatible
with any other remunerated activity except teaching, academic or incidental as long as it
does not undermine the exercise of their functions.

Article 88.- The Attorney General of the State will be appointed by the Governor of the
State with prior authorization from the Legislative Council, for a period of four (4) years.

Article 89.- The Attorney General will be removed or dismissed, by the Governor with the
authorization of the Legislative Council, with the majority of its members, following an
administrative file, when he or she is involved and any of the following causes are proven:
1. Lack of probity that compromises the interests and rights of the State.
2. Manifest negligence in the exercise of their duties and,
3. The others established by the Law of the Attorney General of the State of Lara and
other laws.

Article 90.- The following are the powers of the State Attorney:
1. Defend the State Public Treasury.
2. Appear before the Legislative Council when expressly required, and respond to
queries submitted by state public entities.
3. Present annually to the Legislative Council, within the first fifteen (15) days of the
first period of ordinary sessions, a report on its management and the account on the
management of the assigned budget.
4. Prepare and present to the Executive Branch of the Lara State, the annual budget
project of the Attorney General's Office of the Lara State.
5. Dictate the Internal Regulations related to the organizational and functional structure
of the institution.
6. Inform the Executive and the Legislative Council on the matters it considers
pertinent and render the opinions that these bodies request.
7. Rule in cases indicated by law or when it believes it is appropriate for the public
interest.
8. Ruling on the alienation of public assets.
9. Write and sign all documents related to acts, businesses or contracts in which the
State is a party or that are related to state public revenues or to the private
management of the State.
10. Ensure strict compliance with the laws at the State level.
11. Manage and organize your budget and direct your staff, as determined by this
Constitution, the Law of the Attorney General of the State of Lara and other
applicable laws.
12. The other powers indicated by this Constitution and the laws.

Article 91.- Temporary and absolute absences of the Attorney General of the State will be
compensated in accordance with what is established by the Law of the Attorney General of
the State of Lara.

Article 92.- All state public administration bodies will collaborate with the State Attorney
General in the fulfillment and exercise of their powers in the manner determined by law.
Officials from the offices of the National Public Administration that have offices located in
the State of Lara are also obliged to collaborate with the Attorney General.

Chapter XI
From the State Comptroller General's Office

Article 93.- The Comptroller General of the State of Lara will exercise control, surveillance
and supervision of the income, expenses and assets of the State, as well as the operations
related to them. The Comptroller General of the State, without prejudice to the powers of the
Comptroller General of the Republic, enjoys organic, functional, administrative and
organizational autonomy. The Law of the State Comptroller General will determine its
organization, competence and operation.

Article 94.- The State Comptroller General is obliged to collaborate with the Legislative
Council in its mission of control of the State Public Treasury, to which it must report the
management of each year within the first ninety (90) days of the year. first session of the
Legislative Council.

Article 95.- The State Comptroller General's Office will be under the direction and
responsibility of the State Comptroller General and will hold office for a period of five (5)
years.
Article 96.- The Legislative Council of the State will appoint, through public competition in
the terms established by law, the Comptroller General of the State, who must take the oath
in the Plenary Session. When there are well-founded reasons for the dismissal of the
Comptroller General of the State, the Legislative Council, with the approval of the absolute
majority of its members, will request the Comptroller General of the Republic to investigate
the respective file and classify it as appropriate. The Legislative Council, with the approval
of two thirds (2/3) of its members, will rule on the dismissal.

Article 97.- To be Comptroller General of the State, the following are required:

1. Be Venezuelan, over 30 years old and of secular status.


2. Graduate from a Venezuelan university or with a degree validated in Venezuela, in
one of the following professions: Public Accounting, Administration, Law,
Economics, Engineering or Fiscal Sciences; with no less than five (5) years of
professional experience to perform the position; be enrolled in their respective
school.
3. Recognized moral solvency, being in full enjoyment of their civil and political
rights.
4. Have no less than five (5) years of uninterrupted residence in the State of Lara.
5. The respective law may require other requirements for the exercise of the position.

Article 98.- The powers and duties of the State Comptroller are:
1. Exercise control, surveillance and supervision of income, expenses and public assets,
as well as the operations related to them, without prejudice to the powers attributed
to other bodies, such as the State Legislative Council and the State Executive.
2. Inform the Legislative Council about any irregularities observed in the management
of public funds.
3. Receive and analyze the accounts presented by the State Executive.
4. Open the relevant administrative investigations to officials who commit irregularities
in the exercise of their functions, and may also request the prosecution before the
Prosecutor of those officials who commit crimes against public affairs.
5. To rule on the management and account of the Executive, regardless of the political
responsibility established by the Legislative Council.
6. Attend the Legislative Council when expressly required and respond to the queries
submitted by this body.
7. Assist the Legislative Council in the examination of the political-administrative
management of the State Governor and other reports that may be presented by the
Directors of the Executive Office.
8. To rule on matters within its jurisdiction on those matters submitted to its knowledge
by the Legislative Council, its Deputies, the Governor of the State.
9. Present annually to the Legislative Council, during the first ninety (90) days of the
first session, a report on its management in accordance with the law.
10. Initiate, without prejudice to the powers attributed to the Comptroller General of the
Republic, the investigation of the files to determine and make effective the
administrative responsibility of public officials of the State, for the actions or
omissions in the performance of the functions assigned to them. correspond.
11. The others indicated by the Constitution of the Bolivarian Republic of Venezuela,
this Constitution and the respective law.
Article 99.- The Comptroller General will be criminally, civilly and administratively
responsible for illicit acts arising from the action or omission incurred during the exercise of
his or her duties.

Article 100.- The State Legislative Council may approve or disapprove the report and
account of the Comptroller General of the State. For its disapproval, the vote of two thirds
(2/3) of the members is required. The report produced by the Legislative Council will be
sent to the Public Ministry in order to carry out the pertinent investigations and exercise
legal actions, when there are elements of conviction that compromise the civil or criminal
responsibility of the Comptroller.

Article 101.- No person may be Comptroller General, Attorney General, Ombudsman of the
State, who at the time of his appointment is related to the Governor of the State, Secretary
General of the Government, Directors of the Executive, Attorney General of the State,
Treasurer General of the State and Internal Comptroller of the Executive of the State,
Defender of the People, Prosecutor of the State, within the fourth degree of consanguinity
and second of affinity.

Chapter XII
Municipal Public Power
General disposition

Article 102.- The Municipalities of the State of Lara constitute the primary and autonomous
political unit within the national and state organization, they enjoy legal personality and
their representation will be exercised by the bodies determined by law. The exercise of your
autonomy includes:
1. The election of their authorities.
2. Management and legislation on matters within its jurisdiction.
3. The creation, collection and investment of its income through its independent
administrative, economic and fiscal regime.
4. Ensure, in coordination with the State, the creation, operation and maintenance of
the different bodies that make up the child and adolescent protection system of the
Lara State, in accordance with the law that regulates the matter.
5. The others granted by the Constitution of the Bolivarian Republic of Venezuela, this
Constitution and the laws.

Article 103.- In each fiscal year, the Municipalities are entitled to a participation of no less
than twenty percent (20%) of the located and other national or state transfers or subsidies
and the others determined by law.

Article 104.- The Municipalities, in the management of their interests and within the scope
of their competence, will incorporate citizen participation into the process of their public
management, control and evaluation of their results, in an effective, sufficient and timely
manner, in accordance with the law. and to the ordinances that are issued for this purpose.

Article 105.- The organization of the Municipalities and other local entities will be governed
by the Constitution of the Bolivarian Republic of Venezuela, by this Constitution, by the
national organic laws that develop constitutional principles and by the laws of the Lara
State.

Article 106.- The State of Lara, attending exclusively to the concurrent matters assigned to
the state power and in consideration of the particularities of the Municipalities and other
local entities, may legislate and transfer services to them according to the needs, possibilities
and characteristics of each Municipality. .

First Section
Of the Commonwealth of Municipalities
Of the Metropolitan Districts

Article 107.- Mancomunidades are entities formed by agreement between two or more
Municipalities or Districts, or between them and one or more Municipalities, for the
provision of certain municipal services.

Article 108.- Municipalities may associate in associations or agree among themselves or


with other territorial public entities, the creation of intergovernmental associative modalities
for purposes of public interest specific to the matter of their competence; By law, the
regulations concerning the grouping of two (2) or more Municipalities will be determined.

Article 109.- When there are two (2) or more Municipalities belonging to the same federal
entity that have economic, social and physical relations, they may be constituted as
metropolitan districts, due to the development of their urban centers. Its creation and
regulations correspond to the Legislative Council.

Article 110.- It is up to the Legislative Council, after a consultative referendum, in the


territory of the affected population, to define the limits and powers of the Metropolitan
District through state law and its organization will be carried out in accordance with the
national organic law.

Sole Paragraph.- If among the Municipalities that decide to establish themselves as a


metropolitan district, there is one belonging to another State, the initiative for its creation
must be given by both the Legislative Council of the State of Lara and that of the other State
involved. In this case, the creation and organization of the metropolitan district will be
determined by the National Assembly.

Second Section
Of the Parishes

Article 111.- Parishes are local demarcations, within the territory of a Municipality, created
with the aim of decentralizing municipal management, promoting citizen participation and
the best provision of public services.
Article 112.- Municipalities may create Parishes in accordance with the requirements
determined by law, which will establish the assumptions and conditions for the creation and
operation of other intra-municipal local entities.
These entities will be created by neighborhood or community initiative, in order to promote
the deconcentration of municipal administration, citizen participation and the better
provision of public services.

Article 113.- The creation of Parishes is not an imperative of decentralization and


deconcentration, and there may be Municipalities without Parishes.

Third Section
Of the Organization and Division
of the Municipal Government

Article 114.- The Government and administration of the Municipality will correspond to the
Mayor, who will also be the first civil authority. To be Mayor you must be Venezuelan, over
25 years old, of secular status. The Mayor will be elected for a period of four (4) years, by a
majority of the people who vote, and may be re-elected, immediately and only once, for an
immediate additional period.

Article 115.- The legislative function of the Municipality corresponds to the Council, made
up of elected Councilors, in the manner established in the Constitution of the Bolivarian
Republic of Venezuela, in numbers and eligibility conditions determined by law.

Article 116.- The revocation of the mandate for the Mayor will be carried out in accordance
with what is established by the respective law.

Fourth Section
From the Municipal Comptroller's Office

Article 117.- Each Municipality will have a Municipal Comptroller's Office directed by a
Comptroller, who will exercise control, surveillance and supervision of municipal income,
expenses and assets, as well as operations related to them, without prejudice to the powers
of the Municipality. Comptroller General of the Bolivarian Republic of Venezuela.
The Municipal Comptroller will be appointed to the position by the Municipal Council,
through a public competition that guarantees the suitability and capacity of whoever is
appointed, in accordance with the conditions determined by the law and the respective
ordinance.

Fifth Section
Of the Municipality's Competence

Article 118.- The Municipality is responsible for everything concerning local political life,
in accordance with the Constitution of the Bolivarian Republic of Venezuela, this
Constitution and national and state laws, especially the following powers:
1. The government and administration of your assets, businesses and interests.
2. Territorial and urban planning; historical and cultural heritage; social interest
housing; local tourism; parks and gardens, squares, spas and other recreational sites;
civil architecture, nomenclature and public decoration.
3. The provision and provision of home public services.
4. The application of the Municipality's tenant policy, taking into account criteria of
equity, justice and social interest, in accordance with the delegation provided for in
the law that governs the matter.
5. The promotion of citizen participation.
6. Promote the improvement of the living conditions of the community.
7. Urban roads: circulation and organization of the traffic of vehicles and people on
municipal roads; urban public passenger transport services.
8. Public shows, commercial advertising, legal bets and annoying noises as far as
specific municipal interests and purposes are concerned.
9. Protection of the environment and cooperation with environmental sanitation; urban
and home cleaning, including cleaning, waste collection and treatment and civil
protection services.
10. Health and primary health care, protection services for early and second childhood,
adolescence and the elderly; preschool education, family integration services for the
disabled to community development, cultural and sports activities and facilities.
Prevention and protection services, surveillance and control of assets and activities
related to matters of municipal jurisdiction.
11. Drinking water, electricity and domestic gas service, sewage, sewage channeling and
disposal, cemeteries and funeral services.
12. Justice of the peace, prevention and neighborhood protection and municipal police
services, in accordance with state and national legislation.
13. Formulate applicable policies, technical guidelines and local action plans regarding
the protection of children and adolescents in accordance with the guidelines of the
National, State and Municipal Council of Rights.
14. Propose modifications in the municipal administrative structure, which tend to
strengthen the full exercise of the rights and guarantees of the child and adolescent
protection system enshrined in the law.
15. Guarantee all children and adolescents of the Municipality, the exercise and full and
effective enjoyment of their rights and guarantees through the comprehensive
protection system provided by the State.
16. The others attributed to it by the Constitution of the Bolivarian Republic of
Venezuela, this Constitution and the laws.
The actions that correspond to the Municipality in matters within its jurisdiction do not
undermine the concurrent national or state powers that are defined in the law in accordance
with the Constitution of the Bolivarian Republic of Venezuela.

Sixth Section
From the Municipality's Income

Article 119.- The Municipalities will have the following income:


1. Those from their assets, including the product of their ejidos and assets.
2. Fees for the use of your goods or services; administrative fees for licenses or
authorizations; taxes on economic activities of industry, commerce, services, or of a
similar nature, with the limitations established in the Constitution of the Bolivarian
Republic of Venezuela; taxes on urban real estate, vehicles, public spectacles, legal
games and bets, propaganda and commercial advertising; and the special
contribution on capital gains on properties generated by changes in use or intensity
of use that are favored by urban planning plans.
3. The rural land tax or on rural properties, participation in the contribution of
improvements and other national or state tax branches, in accordance with the laws
that create said taxes.
4. Those coming from twenty percent (20%) of the constitutional amount and other
transfers or subsidies of a national or state nature.
5. The product of the fines and sanctions within the scope of their powers and the
others that are attributed to them through decentralization.
6. Others determined by law.

Article 120.- The tax power that corresponds to the Municipalities is different and
autonomous from the regulatory powers that the Constitution of the Bolivarian Republic of
Venezuela or the laws attribute to the National or State Power on certain matters or
activities.
The immunities against the tax power of the Municipalities in favor of other political-
territorial entities extend only to the legal entities created by them, but not to
concessionaires or other contractors of the National or State Administration.

Seventh Section
Of the Ejidos

Article 121.- Common lands are inalienable and imprescriptible. They may only be sold
after compliance with the formalities provided for in the municipal ordinances and in the
cases indicated therein, in accordance with the Constitution of the Bolivarian Republic of
Venezuela, this Constitution and the legislation that is issued to develop its principles.

Article 122.- The land located within the urban area of the towns of the Municipality,
lacking an owner, are considered ejidos, without prejudice to the legitimate rights of third
parties, validly constituted. Likewise, vacant lands located in the urban area are constituted
as ejidos. The lands corresponding to indigenous communities and peoples will be excepted.
The law will establish the conversion of other public lands into ejidos.

Chapter XIII
From the Local Public Planning Council

Article 123.- The Local Public Planning Council will be chaired by the Mayor and made up
of the Councilors, the Presidents of the Parish Councils and representatives of civil society
organizations and other neighborhood and indigenous organizations of the Municipality, in
accordance with the provisions established by law.

Chapter XIV
State and Municipal Legal Limitations

Article 124.- The State and its Municipalities may not:


1. Create customs or import, export or transit taxes on national or foreign goods, or on
other income matters of national competence.
2. Tax consumer goods before they enter circulation within its territory.
3. Prohibit the consumption of goods produced outside its territory, nor tax them
differently from those produced in it.
The State and the Municipalities may only tax agriculture, breeding, fishing and forestry
activity in the opportunity, manner and extent permitted by national law.

Chapter XV
Of Decentralization in favor of Community Groups

Article 125.- The law will create open and flexible mechanisms for the State and its
Municipalities to decentralize and transfer to communities and organized neighborhood
groups the services that they manage after demonstrating their capacity to provide them,
promoting:
1. The transfer of services in health, education, housing, sports, culture, social
programs, environment, maintenance of industrial areas, maintenance and
conservation of urban areas, prevention and neighborhood protection, construction
of works and provision of public services. To this end, they may establish
agreements whose contents will be guided by the principles of interdependence,
coordination, cooperation and co-responsibility.
2. The participation of communities, citizens, through neighborhood associations and
non-governmental organizations, in the formulation of investment proposals before
the State and Municipal authorities, in charge of preparing the respective investment
plans, as well as as in the execution, evaluation and control of works, social
programs and public services in their respective jurisdictions.
3. Participation in economic processes stimulating the expressions of the social
economy, such as cooperatives, microenterprises, savings banks, mutual societies
and other associative forms.
4. The participation of workers and communities in the management of public
companies through self-management and co-management mechanisms.
5. The creation of organizations, cooperatives and community service companies, as
sources of employment and social well-being, promoting their permanence through
the design of policies where they have participation.
6. The creation of new subjects of decentralization at the level of Parishes,
communities, neighborhoods and neighborhoods in order to guarantee the principle
of co-responsibility in the public management of local and state governments and
develop self-managed and co-managed processes in the administration and control
of state and municipal public services.
7. The participation of communities in activities to approach penal establishments and
link them with the population, in the locality where such establishments operate.

TITLE V
OF THE STATE PUBLIC TREASURE

Article 126.- The Public Treasury of the Lara State is constituted by the assets, income,
rights, actions and obligations that form the assets and liabilities of the entity, the
Constitutional Site and all other assets and income whose administration corresponds to it in
accordance with the Constitution of the Bolivarian Republic of Venezuela, this Constitution
and the law.

Article 127.- In the Budget Law of Public Income and Expenses of the State, an item that
expresses the municipal participation in the located will be included annually, which will be
distributed among the municipal entities that make up the State, calculated and distributed in
accordance with the principles established in the Constitution of the Bolivarian Republic of
Venezuela, this Constitution, national laws and state laws.

Article 128.- Additional credits may only be decreed to the budget for unforeseen necessary
expenses or whose items are insufficient, provided that the treasury has resources to cover
the respective expenditure. For this purpose, the authorization of the Legislative Council is
required.

Article 129.- The State will enjoy the same fiscal and procedural privileges and prerogatives
as the Bolivarian Republic of Venezuela.

Article 130.- The state tax administration will enjoy technical, functional and financial
autonomy in accordance with the provisions of national law, and its highest authority will be
designated by the Governor of the State of Lara.

Article 131.- The Lara State may by law create special taxes, fees and contributions in
accordance with the provisions of the national law that regulates the matter, in order to
promote the development of the State's Public Treasury.

TITLE VI
OF CITIZEN SECURITY BODIES

Chapter I
General disposition
Article 132.- The Executive of the Lara State to maintain and reestablish public order,
protect the citizen, homes and families, support the decisions of the competent authorities
and ensure the peaceful enjoyment of constitutional guarantees and rights in accordance
with the Constitution of the Bolivarian Republic of Venezuela, this Constitution and the
laws, will organize a uniformed state police force. The state law will establish the
organization, operation and powers of the state police.
Article 133.- The State Public Power, in matters of citizen security with the objective of
protecting the citizen, homes and families in cases of emergencies and disasters, will
organize the Comprehensive Civil Protection System of the State, which in coordination
with the National and municipal civil defense organizations will establish mechanisms for
the administration and restoration of public order in cases of contingency, urgency,
emergency or disaster.
First Paragraph.- The State's Comprehensive Civil Protection System will have a civil
protection fund for emergency, emergency and disaster contingencies. This fund will be
endowed with its own assets assigned by the State, without legal personality and may
receive material and financial resources from public and private, state, national and
international entities.
Second Paragraph.- The administration of the fund will be formed equally with
representation from civil society elected in its own forum and equal representation from the
State.
A special state law will establish the organization and operation of the Comprehensive Civil
Protection System and the civil protection fund for emergency, emergency or disaster
contingencies.
First Section
Of the Armed Police Forces
Article 134.- The Armed Police Forces of the Lara State constitute an essentially
professional State institution with a police career, without partisan political militancy,
organized by the State to guarantee public order, protect citizens, homes and families,
support the decisions of the competent authorities and ensure the peaceful enjoyment of the
constitutional guarantees and rights and the laws of the Republic. In compliance with their
duties and rights, they are at the exclusive service of the State and in no case at the service
of any person or political party.
Article 135.- The Governor of the State is the highest authority of the Armed Police Forces,
being civilian in nature, they will respect dignity and human rights, without any
discrimination. They will be made up of police officials in their different grades or
hierarchies to fulfill their objectives, with a special regime in accordance with the mission
and level of risk. They will also have as their essential responsibility the planning and
execution of the police operations required to ensure the internal order of the Lara State.
The Commander of the Armed Police Forces is an official freely appointed and removed by
the Governor of the State. The respective Law will establish other necessary requirements to
direct the Police Institution.

Second Section
The Higher Board of the Armed Police Forces
Article 136.- The Superior Board of the Armed Police Forces of the Lara State is an
advisory body to the Governor of the Lara State in matters of citizen security and will be
made up of the First and Second Commander of the Police, the Inspector General, the Chiefs
of Divisions and the members of the Council of Commissioners and may be consulted on
everything related to the organization and plans for the Police Institution.

Third Section
Of Income
Article 137.- Entry, promotion and assimilation, as well as other requirements and
conditions for the organization and operation of the Armed Police Forces of the Lara State
and its personnel, will be regulated by law, and in accordance with the national laws and
regulations that govern The matter.

TITLE VII
OF THE PROTECTION OF THE CONSTITUTION

Chapter I
Of the Guarantee of the Constitution
Article 138.- This Constitution, like the Constitution of the Bolivarian Republic of
Venezuela, whose principles it develops, will not lose its validity if it ceases to be observed
by acts of force or is repealed by any other means than that available to it. In such an
eventuality, every citizen invested with authority or not, will have the duty and will enjoy
the right to restore the freedoms and usurped democracy, as well as actively collaborate in
the establishment of its effective validity.

Article 139.- All judges of the Bolivarian Republic of Venezuela, within the scope of their
powers and in accordance with the provisions of the Constitution of the Bolivarian Republic
of Venezuela and the law, are obliged to ensure the integrity of this Constitution. In case of
incompatibility between this Constitution and a law or other legal norm, the constitutional
provisions apply, and it is up to the courts in any case, even ex officio, to decide what is
appropriate.

Chapter II
Of the States of Emergency and Alarm

Article 140.- The Governor of the State, together with the Council for Planning and
Coordination of Public Policies, may decree a state of emergency or alarm when
catastrophes or events occur that threaten or endanger the safety of citizens or a sector. of
the territory of the State or its inhabitants.

Article 141.- An emergency may also be decreed due to the imminence of social events or
catastrophic natural phenomena, announced or predicted by official specialized
organizations.

Article 142.- The Governor may decree a state of budgetary or economic emergency when
the national power does not remit or transfer to the State the budgetary resources that
correspond to it, following a report from the Comptroller General of the State and
authorization from the Legislative Council.

Article 143.- A state law will regulate states of emergency and alarm and will determine the
measures that can be adopted based on them.

TITLE VIII
OF AMENDMENTS AND REFORM
OF THE CONSTITUTION OF THE LARA STATE

Chapter I
Of the Amendment

Article 144.- The amendments are intended to add or modify one or more articles of the
Constitution, without altering its fundamental structure and will be processed as follows:
1. The initiative may come from fifteen percent (15%) of the citizens registered in the
Civil and Electoral Registry or from thirty percent (30%) of the members of the
Legislative Council or the Governor of the State.
2. When the amendment initiative, part of the Legislative Council, will require the
majority of votes of its members for its approval and will be discussed according to
the procedure established in the Constitution of the Bolivarian Republic of
Venezuela and this Constitution, for the formation of laws.
3. The amendments will be approved with the favorable vote of two thirds (2/3) of the
members of the Legislative Council.
4. The amendments will be numbered consecutively and will be published after the
Constitution without altering its text, but noting at the foot of the amended article or
articles the reference number and date of the amendment that modified it.

Chapter II
Of the Constitutional Reform

Article 145.- The Constitutional Reform aims at a partial review and replacement of one or
more of its norms that do not modify the structure and fundamental principles of the
Constitutional text.

Article 146.- The initiative to reform the Constitution is exercised by the Legislative Council
through an agreement approved by the vote of the majority of its members, the Governor of
the State of Lara or at the request of a number of not less than fifteen percent ( 15%) of the
voters registered in the Civil and Electoral Registry.

Article 147.- The initiative to reform the Constitution will be processed by the Legislative
Council in the following manner:
1. The draft reform of the Constitution will have a first discussion in the session
corresponding to its presentation.
2. A second discussion by title or chapter, as the case may be.
3. A third and final discussion article by article.
4. The Legislative Council will approve the draft reform of the Constitution within a
period of no more than six (6) months, from the date on which it learned and
approved the request for reform.
5. The draft reform of the Constitution will be considered approved with the vote of
two thirds (2/3) of the members of the Legislative Council.

Article 148.- The initiative to Reform the revised State Constitution may not be presented
again in the same constitutional period before the Legislative Council.

REPEALING PROVISION

Sole.- The Constitution of the State of Lara dated December 30, 1000 is repealed

Nine Hundred and Ninety-Eight (1998), published in the Extraordinary Gazette No. 868 and
all the norms of state legislation that contradict this Constitution.

TRANSITORY DISPOSITIONS
First.- If the first constitutional mandate under the power of this Constitution occurs in a
period different from that provided for in accordance with the decisions of the Electoral
Power, the elected authorities will exercise their mandates from the date or dates indicated
in the proclamation. The same procedure will be followed in all cases of mandates deferred
for periods other than those established by the Constitution of the Bolivarian Republic of
Venezuela. Any doubt must be submitted to the Constitutional Chamber of the Supreme
Court of Justice.
Second.- The laws that must be enacted to adapt the legal system of the State to this
Constitution will be sanctioned by the Legislative Council, within the terms indicated in the
Constitution of the Bolivarian Republic of Venezuela, as soon as they are applicable, with
strict subjection to the constitutional principles of federalism, decentralization and
deconcentration.
Third.- In public service concessions, the law will establish the utility for the concessionaire
and the financing of investments strictly linked to the provision of the service, including the
improvements and expansions that the competent authority considers reasonable and
approves in each case. Every concession contract must develop these constitutional
principles until they are included in the law that governs the matter.
Fourth.- State laws and municipal ordinances, as well as the decrees and resolutions of the
State Public Power bodies, will remain in force as long as they do not contradict this
Constitution or the Constitution of the Bolivarian Republic of Venezuela.
The Legislative Council will determine the priorities of laws in a schedule that will consult
with civil society, in order to dictate in the shortest possible time the laws that adapt to the
new Constitution.
Fifth.- The State Legislative Council will be governed by the Constitution of the Bolivarian
Republic of Venezuela, the Organic Law of the Legislative Councils of the States, this
Constitution and the Internal and Debating Regulations.
Sixth.- The beginning of the Public Powers of the State will be determined by the electoral
law, by this Constitution and other laws.
Seventh.- The tax system at the State level will be governed by national law, until the State
Public Finance Law is approved in accordance with the transitional provision fourth ordinal
six (6), of the Constitution of the Bolivarian Republic of Venezuela.
Eighth.- This Constitution fully assumes the seventh Transitory Provision of the
Constitution of the Bolivarian Republic of Venezuela, referring to the election of indigenous
representatives and their participation in state, municipal and parish bodies, until the
corresponding organic law is approved.
FINAL PROVISIONS
First.- This Constitution will come into force on the same day of its publication in the
Official Gazette of the Lara State.
Second.- The Governor of the State may not object to this Constitution and will be obliged
to promulgate it within ten (10) days following its sanction, unless the objection is due to a
collision with the Constitution of the Bolivarian Republic of Venezuela.
Third.- This Constitution does not need to be submitted to a referendum, since it includes
the principles of the Constitution of the Bolivarian Republic of Venezuela, approved by the
people in the elections of December 1999, which orders in paragraph 1 of the article 164
that it is “the exclusive competence of the States to dictate their Constitution to organize
public powers”, in accordance with the principles of the Constitution of the Bolivarian
Republic of Venezuela.
Given, signed and sealed in the Session Hall
nes of the Legislative Council of the State of Lara, on the nineteenth day of the month of
December of two thousand two. Year 192 of Independence and 143 of the Federation.

DIP. HÉCTOR ALZAÚL PLANCHART


PRESIDENT

DIP. VLADIMIR SILVA VICE PRESIDENT

LIC. ANA CARINA VIVOLO SECRETARY

DIP. ATILANO LINAREZ DIP. ASTERIO PEREZ


DIP. ELEAZAR JIMENEZ DIP. QUEEN HERNANDEZ
DIP. VICTOR MARTINEZ DIP. ELKIN ARCILA
DIP. NELSON PINEDA DIP. FREDDY RODRIGUEZ
DIP. WALTER CATTIVELLI

DIP. IRMA GÓMEZ DE PÉREZ


DIP. JOSEPH F. COLMENAREZ

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